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§ 5190. Readiness.

4 CA ADC § 5190Barclays Official California Code of RegulationsEffective: February 28, 2024

Barclays California Code of Regulations
Title 4. Business Regulations
Division 9.5. California Debt Limit Allocation Committee
Chapter 2. Qualified Residential Rental Projects
Article 3. Minimum Requirements
Effective: February 28, 2024
4 CCR § 5190
§ 5190. Readiness.
Currentness
In its Application, the Project Sponsor shall demonstrate its readiness to use the Allocation as set forth in this section.
(a) Demonstrated site control. The Applicant shall provide evidence that the Project site is at the time of Application submission within the control of the Applicant or Project Sponsor. Applicants shall provide information regarding the current owner of the project property, if other than the Project Sponsor. Except as provided below for reapplications, a current preliminary or final title report, or, for projects that will be located on Native American Trust Lands, a Land Title Status Report from the Bureau of Indian Affairs or an attorney's opinion regarding chain of title and current title status, all of which shall be dated no more than ninety (90) days prior to Application deadline as provided in section 5030, shall be submitted with all applications for the purposes of this requirement. A commitment for the title insurance or a title insurance document are not acceptable substitutions for a preliminary title report, final title report, or a title report. The Committee may permit the site control title report of an unsuccessful application to be submitted, only once, in the reapplication cycle immediately following the unsuccessful application.
(1) Site control may be evidenced by any of the following:
(A) The Applicant or Project Sponsor holds fee title as evidenced by the current (within 90 days prior to the Application date) preliminary or final title report;
(B) An executed lease agreement or lease option for the length of time the Project will be regulated under this program between the Applicant or Project Sponsor and the owner of the subject property;
(C) An executed disposition and development agreement for the length of time the Project will be regulated under this program between the Project Sponsor and a public agency; or
(D) A valid, current, and enforceable contingent purchase and sale agreement or option agreement between the Project Sponsor and the owner of the subject property. Evidence must be provided at the time of the application that all extensions and other conditions necessary to keep the agreement current through the application filing deadline have been executed.
(E) Valid, current and enforceable purchase and sale agreements, contingent purchase sale or option agreements in combination between the Project Sponsor, a third party and the owner of the subject property such that the Committee can determine that upon a grant of Allocation the Project Sponsor has a right to acquire the subject property.
(F) The Executive Director may determine that site control has been demonstrated where a local agency has documented its intention to acquire the site, or portion of the site, through eminent domain proceedings as evidenced by order(s) of possession.
(b) Local Approvals and Zoning. The Project Sponsor shall provide evidence, no later than the application due date for the allocation round in which the Project is seeking an allocation, that the project meets the requirements of Section 10325(f)(4) of the CTCAC regulations.
(c) Project Sponsor and Project Developer. If not requesting experience points pursuant to section 5230(f), the application must include a summary of the Project Sponsor and Project Developer experience developing or rehabilitating housing with tax-exempt bond financing. A list of projects must be included. The list may take the form of the CTCAC Experience Attachment.
(d) Legal Status of Project Sponsor and Developer. Applicants shall provide information regarding the legal status of the Project Sponsor and Developer.
(1) Financial Viability. Disclose any legal or regulatory action or investigation that may have a material impact on the financial viability of the project or the Project Sponsor and Developer. The disclosure should be limited to actions or investigations in which the applicant or the applicant's parent, subsidiary, or affiliate involved in the management, operation, or development of the project has been named a party. Not Applicable is an unacceptable response.
(2) Fraud, Corruption, or Serious Harm. Disclose any legal or regulatory action or investigation involving fraud or corruption, or health and safety where there are allegations of serious harm to employees, the public, or the environment. The disclosure should be limited to actions or investigations in which the Project Sponsor and Developer or the Project Sponsor's and Developer's current board member (except for volunteer board members of non-profit entities), partner, limited liability corporation member, senior officer, or senior management personnel has beennamed a defendant within the past ten years. Not Applicable is an unacceptable response.
(3) Disclosures should include civil or criminal cases filed in state or federal court; civil or criminal investigations by local, state, or federal law enforcement authorities; and enforcement proceedings or investigations by local, state or federal regulatory agencies. The information provided must include relevant dates, the nature of the allegation(s), charters, complaint or filing, and the outcome. For a publicly-traded company, the relevant sections of the company's 10K, 8K, and 10Q most recently filed with the Securities and Exchange Commission may be attached in response to question #1. With respect to a response for question #2, previous 10K, 8K, and 10Q filings of the company may be attached if applicable.
(4) Fair Housing and Anti-Discrimination Laws. Disclose any regulatory or investigative proceeding by a local, state, or federal agency relating to an alleged, pending, ongoing, or closed violation of fair housing or anti-discrimination laws and the status of the proceeding, as applicable.
(e) Reserved.
(f) Legislative Districts and Census Tracts. Applicants shall provide
a. Federal Congressional District in which the proposed Project is located
b. State Senate District in which the proposed Project is located c. State Assembly District in which the proposed Project is located d. Census Tract in which the proposed Project is located.
(g) Prior Tax-Exempt Allocation Award. The Application will provide a narrative explanation of the circumstances surrounding the prior allocation and why additional allocation is being requested.
(h) Project Description. Applicant shall submit a narrative description of the proposed Project. The description must contain, at a minimum, the following details: 1) the number of acres of the site (include topography and special features), 2) a description of the surrounding neighborhood, 3) the targeted population for the project (i.e., large families, seniors, etc.), 4) the expected start and completion date of construction/rehabilitation, 5) physical features of the project (i.e., description of buildings, grounds, project amenities, etc.), 6) unit configuration, 7) unit amenities, 8) scope of rehabilitation work, and 9) if applicable, a description of other unique features of the project. 10) (a) If the Application is submitted under a non-competitive process, the Application must include a description of the Project Type and Characteristics, including the construction type and proposed tenant population pursuant to Section 5000. (b) If the Application is submitted under a competitive process, Project Type and Characteristics documentation must be included pursuant to Sections 5000 and 5170.
(i) Detailed Unit Affordability Information. (1) The application will include the Federal Bond-Election of 20% at 50% Area Median Income, or 40% at 60% Area Median Income. (2) For At-Risk projects and 4% low income housing tax credit projects, this shall mean that the Project units must have Gross Rents that are restricted to households whose incomes must be 50% or less of the AMI; or Gross Rents that are restricted to households whose incomes must be 60% or less of the AMI. Applications not meeting this minimum requirement will be deemed incomplete. (3) The Application will include tables with the following information on the Restricted Rental Units: Number of Bedrooms/Number of Bathrooms, Unit Size in square feet, number of units in subtotals and total, total square feet per unit type in subtotals and total, proposed monthly tenant-paid rent per unit (excluding utilities), proposed monthly rental subsidy per unit, proposed monthly income per unit, monthly utilitiy allowance, monthly gross rent, percent of Area Median Income based on monthly gross rent, and annualized total rental income. The Application will include another table, Market Rate Units, including number of bedrooms, unit square feet in subtotal and total, number of units, proposed monthly tenant-paid rent per unit (excluding utilities), total proposed tenant paid rent and annualized total rental income. Application will include a table, “Managers' Units” Restricted or Market Rate. The table will include columns for number of bedrooms, unit square feet in subtotal and total, number of units, proposed monthly manager-paid rent per unit, total proposed monthly manager-paid rent and annualized total rental income. Application will include a table with total number of units (excluding manager units), total number of restricted units, percent of total restricted units, number of units at or below 50% AMI, percent of units at or below 50% AMI, number of units above 50% to 60% AMI, percent of units above 50% to 60% AMI, number of restricted rental units with 3 or more bedrooms, and percent of restricted rental units with 3 or more bedrooms. Applicants shall provide a breakdown of Project unit types, size, number of units, proposed tenant-paid rent, monthly utility allowances (if any), subsidies (if any) and unit percentage of Area Median Income (AMI) level based on monthly Gross Rent.

Credits

Note: Authority cited: Section 8869.94, Government Code. Reference: Sections 8869.84(c), 8869.85(a) and 8869.85(b), Government Code.
History
1. New article 3 (sections 5190-5194) and section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 5190-5194) and section refiled 1-6-2011 as an emergency; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New article 3 (sections 5190-5194) and section refiled 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-1-2011 order, including amendment of section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of subsection (b) filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-6-2012 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b) refiled 6-1-2012 as an emergency; operative 6-1-2012 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL by 8-30-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b) refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-29-2012 order transmitted to OAL 11-26-2012 and filed 1-8-2013 (Register 2013, No. 2).
9. Amendment of subsection (b) filed 6-3-2013 as an emergency; operative 6-3-2013 (Register 2013, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-2-2013 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-3-2013 order, including further amendment of subsection (b), transmitted to OAL 11-14-2013 and filed 12-23-2013; amendments effective 12-23-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 52).
11. Amendment of subsections (a) and (b) filed 11-9-2015 as an emergency pursuant to Government Code section 8869.94; operative 11-9-2015 (Register 2015, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-9-2016 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 11-9-2015 order transmitted to OAL 1-27-2016 and filed 3-10-2016 (Register 2016, No. 11).
13. Editorial correction of History 12 (Register 2016, No. 25).
14. Change without regulatory effect adopting new subsections (c)-(i) filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
15. Amendment of subsection (c) filed 5-22-2020 as an emergency pursuant to Government Code section 8869.94; operative 5-22-2020 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-18-2020 or emergency language will be repealed by operation of law on the following day.
16. Emergency filed 5-22-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 3-22-2021 or emergency language will be repealed by operation of law on the following day.
17. Editorial correction of History 15 and History 16 (Register 2020, No. 44).
18. Amendment of subsections (a), (a)(1)(A), (b) and (i) filed 2-1-2021 as an emergency pursuant to Governmental Code section 8869.94; operative 2-1-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 6). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or emergency language will be repealed by operation of law on the following day.
19. Repealer of 5-22-2020 emergency amendments by operation of Government Code section 11346.1(f) (Register 2021, No. 17).
20. Amendment filed 5-10-2021 as an emergency; operative 5-10-2021 (Register 2021, No. 20). Emergency expiration extended 60 calendar days pursuant to Executive Order N-40-20 plus an additional 60 calendar days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-8-2022 or emergency language will be repealed by operation of law on the following day.
21. Refiling of 5-22-2020 and 2-1-2021 orders, including amendment of subsection (a), on 12-3-2021 as an emergency; operative 12-3-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-3-2022 or emergency language will be repealed by operation of law on the following day.
22. Certificate of Compliance as to 10-7-2021 and 12-3-2021 orders, including redesignation of former subsection (g)(1) as subsection (g) and amendment of subsection (h), transmitted to OAL 4-11-2022 and filed 5-23-2022; amendments operative 5-23-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 21).
23. New subsection (d)(4) filed 8-1-2022 as an emergency; operative 8-1-2022 (Register 2022, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2023 or emergency language will be repealed by operation of law on the following day.
24. New subsection (d)(4) refiled 2-9-2023 as an emergency; operative 2-9-2023 (Register 2023, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-10-2023 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 2-9-2023 order, including amendment of first paragraph and subsection (d)(4), transmitted to OAL 4-18-2023 and filed 5-31-2023; amendments effective 5-31-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 22).
26. Amendment of subsection (a)(1)(D) filed 8-11-2023 as an emergency; operative 8-11-2023 (Register 2023, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-7-2024 or emergency language will be repealed by operation of law on the following day.
27. Amendment of subsection (a)(1)(D) refiled 2-28-2024 as an emergency; operative 2-28-2024 pursuant to Government Code section 11346.1(d) (Register 2024, No. 9). A Certificate of Compliance must be transmitted to OAL by 5-28-2024 or emergency language will be repealed by operation of law on the following day.
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 4, § 5190, 4 CA ADC § 5190
End of Document